Common use of SERVICE OF SUIT Clause in Contracts

SERVICE OF SUIT. (BRMA 49D) (Applicable if the Reinsurer is not domiciled in the United States of America, and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities) A. It is agreed that in the event the Reinsurer fails to pay any amount claimed to be due hereunder, the Reinsurer, at the request of the Company, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. B. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefore, the Reinsurer hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for the purpose in the statute, or his successor or successors in office, as its true and lawful attorney upon who may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract.

Appears in 6 contracts

Samples: Loss Portfolio Transfer Reinsurance Contract (Procentury Corp), Loss Portfolio Transfer Reinsurance Contract (Procentury Corp), Loss Portfolio Transfer Reinsurance Contract (Procentury Corp)

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SERVICE OF SUIT. (BRMA 49D49C) (Applicable if the Reinsurer is not domiciled in the United States of America, and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities) A. It is agreed that in the event the Reinsurer fails to pay any amount claimed to be due hereunder, the Reinsurer, at the request of the Company, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. B. Further, pursuant to any statute of any state, territory or district of the United States which makes provision thereforetherefor, the Reinsurer hereby designates the party named in its Interests and Liabilities Agreement, or if no party is named therein, the Superintendent, Commissioner or Director of Insurance or other officer specified for the that purpose in the statute, or his successor or successors in office, as its true and lawful attorney upon who whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract.

Appears in 5 contracts

Samples: Excess Workers' Compensation Reinsurance Contract (Amcomp Inc /Fl), Reinsurance Contract (James River Group, INC), Catastrophe Workers' Compensation Reinsurance Contract (Amcomp Inc /Fl)

SERVICE OF SUIT. (BRMA 49D49C) (Applicable if the Reinsurer is not domiciled in the United States of America, and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities) A. It is agreed that in the event the Reinsurer fails to pay any amount claimed to be due hereunder, the Reinsurer, at the request of the Company, will submit to the jurisdiction of a any court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. B. Further, pursuant to any statute of any state, territory or district of the United States which makes provision thereforetherefor, the Reinsurer hereby designates the party named in its Interests and Liabilities Agreement, or if no party is named therein, the Superintendent, Commissioner or Director of Insurance or other officer specified for the that purpose in the statute, or his successor or successors in office, as its true and lawful attorney upon who whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract.

Appears in 3 contracts

Samples: Property Quota Share Reinsurance Contract (Financial Pacific Insurance Group Inc), Property Quota Share Reinsurance Contract (Financial Pacific Insurance Group Inc), Third and Fourth Property Excess Catastrophe Reinsurance Contract (Mercury General Corp)

SERVICE OF SUIT. (BRMA 49D) (Applicable if the Reinsurer is not no domiciled in the United States of America, and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities) A. It is agreed that in the event of the failure of the Reinsurer fails to pay any amount claimed to be due hereunderperform its obligations under this Contract, the Reinsurer, at the request of the Company, will submit to the jurisdiction of 07\I6L1001 a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's ’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. B. Further, pursuant to any statute of any state, territory or district of the United States which makes provision thereforetherefor, the Reinsurer hereby designates the party named in its Interests and Liabilities Agreement, or if no party is named therein, the Superintendent, Commissioner or Director of Insurance or other officer specified for the that purpose in the statute, or his successor or successors in office, as its true and lawful attorney upon who whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract.

Appears in 1 contract

Samples: Reinsurance Contract (Affirmative Insurance Holdings Inc)

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SERVICE OF SUIT. (BRMA 49D) (Applicable if the Reinsurer is not domiciled in the United States of America, America and/or is not authorized in any Statestate, Territory territory, or District district of the United States where authorization is required by insurance regulatory authorities.) A. 1. It is agreed that that, in the event the Reinsurer fails to pay any amount claimed to be due hereunder, the Reinsurer, at the request of the Company, will submit to the jurisdiction of a any court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's ’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in of the United States. B. 2. Further, pursuant to any statute or regulation of any state, territory territory, or district of the United States which makes provision therefore, the Reinsurer hereby designates the Superintendent, Commissioner Commissioner, or Director of Insurance Insurance, or any other officer specified for the that purpose in the statute, or his successor or successors in office, as its true and lawful attorney upon who whom may be served any lawful process in any action, suit suit, or proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this ContractAgreement.

Appears in 1 contract

Samples: Excess of Loss Reinsurance Agreement (Eastern Insurance Holdings, Inc.)

SERVICE OF SUIT. (BRMA 49D49C) (Applicable if the Reinsurer is not domiciled in the United States of America, and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities) A. It is agreed that in the event the Reinsurer fails to pay any amount claimed to be due hereunder, the Reinsurer, at the request of the Company, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. B. Further, pursuant to any statute of any state, territory or district of the United States which makes provision thereforetherefor, the Reinsurer hereby designates the party named in its Interests and Liabilities Agreement, or if no party is named therein, the Superintendent, Commissioner or Director of Insurance or other officer specified for the that purpose in the statute, or his successor or successors in office, as its true and lawful attorney upon who whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract.. ARTICLE XXIII - INTERMEDIARY (BRMA 23A)

Appears in 1 contract

Samples: Semi Automatic Casualty Facultative Reinsurance Contract (Financial Pacific Insurance Group Inc)

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